Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62091 of 2025 Arising Out of PS. Case No.-1226 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Rita Devi W/O Mahadeo Pandit R/O Village- Itahari, Ward No. 02, P.SGhailarh (O.P), Distt.- Madhepura. 2.
Deepak Kumar @ Dilkhush S/O Mahadeo Pandit R/O Village- Itahari, Ward No. 02, P.S- Ghailarh (O.P), Distt.- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh For the Opposite Party/s :
Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 137, 96, 3(5) of the B.N.S., 2023.
3. As per prosecution case, petitioner no. 2 alongwith co-accused Raushan Kumar kidnapped the minor daughter of the informant and when informant went to make complaint, petitioner no. 1 and co-accused Mahadeo Pandit abused and assaulted him.
4. Learned counsel for the petitioners submits that specific accusation of kidnapping is against co-accused Raushan Kumar, with whom, daughter of informant had love-affairs. The victim, in her statement recorded under Section 183 of B.N.S.S.,
Patna High Court CR. MISC. No.62091 of 2025(2) dt.11-09-2025 2/3 has denied the prosecution case and stated that she left the house with co-accused Raushan Kumar at her own volition and solemnized marriage with him and went to Ludhiana. She has also stated that since her parents forcibly brought her mother-inlaw & father-in-law from their house, she was forced to return from there. Learned Magistrate has assessed the age of victim, as 17 years. Learned counsel for the petitioners, relying on an order of the Division Bench of this Court dated 23.09.2010 passed in Cr.W.J.C. No. 991 of 2010 (Sahebi Khatoon @ Sahebi Versus State of Bihar and other), submits that this Court has directed to treat a girl as major in case her age assessed to be between 16 to 17 years. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the statement of the victim recorded under Section 183 B.N.S.S. and clean antecedent of petitioners, let the above named petitioners, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Madhepura (Ghailarh O.P.) P.S. Case No. 1226 of 2024, subject to condition
Patna High Court CR. MISC. No.62091 of 2025(2) dt.11-09-2025 3/3 as laid down under Section 482 of B.N.S.S., 2023. (Prabhat Kumar Singh, J) anay U T